On June 15, 2010, Bill 168, which amended the Occupational Health and Safety Act (OHSA) to deal with workplace violence and harassment, came into force.

Now, the law requires every workplace in Ontario with more than 5 employees to

• develop written policies on dealing with both violence and harassment in the workplace
• develop programs to implement these policies
• review those policies at least once a year, and
• conduct training on these policies

Are you meeting your due diligence under the law?

Have you developed your policies and rolled out the necessary training?

Your Mouth Can Be a Weapon

Bill 168 - Who is responsible for investigating?

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Preview of the Workplace Harassment Policy

INTRODUCTION

(Company Name) recognizes that every person possesses basic human rights including the right to respect, dignity, and protection from all forms of harassment.

(Company Name) will adhere to the spirit and intent of all applicable legislation governing workplace harassment including, but not limited to, the Ontario Human Rights Code and the Occupational Health and Safety Act.

(Company Name) is committed to maintaining a workplace where all workers are treated with dignity and respect and will have zero tolerance of any form of harassment towards its workers.

This policy outlines the commitment, principles and procedures that (Company Name) will follow with respect to preventing and stopping harassment in the workplace. Any violation of this policy will be subject to disciplinary action up to, and including dismissal.

ACCOUNTABILITY

(Company name) will:

1. Appoint a Workplace Violence and Harassment Coordinator;
2. Establish procedures to effectively address alleged instances of workplace harassment;
3. Provide all workers with training and information regarding this policy;
4. Monitor the company's compliance with this policy and related procedures;
5. Review this policy annually to ensure that it is current and effective

Accountability for ensuring compliance with the provisions of this policy rest with the (Director of Human Resources) or designate.

All workers are expected to:

1. Familiarize themselves with this policy;
2. Attend any training related to this policy;
3. Ask their supervisor for clarification on this policy if they have questions;
4. Help promote a harassment-free workplace;
5. Refrain from workplace harassment as defined in this policy; and
6. Immediately report instances of actual or potential workplace harassment, whether directly experienced or witnessed, to (appropriate management staff)

...

Preview of the Workplace Violence Policy

Please note that this is a generic template. Bill 168 requires that each employer identify the specific risks associated with each of their worksites, develop procedures to address such risks, and educate their workers regarding these procedures.

INTRODUCTION

(Company Name) recognizes that every person is entitled to a safe work environment that is free of violence and threatening behaviour.

(Company Name) will adhere to the spirit and intent of all applicable legislation governing workplace violence including, but not limited to, the Occupational Health and Safety Act and the Criminal Code.

(Company Name) is committed to maintaining a workplace where all workers are treated with dignity and respect. There will be zero tolerance of any form of workplace violence or threatening behaviour toward its workers.

This policy outlines the commitment, principles and procedures that (Company Name) will follow with respect to preventing and stopping violence in the workplace. Any violation of this policy will be subject to disciplinary action up to, and including dismissal.

ACCOUNTABILITY

(Company Name) will, in accordance with the Occupational Health and Safety Act:

1. Appoint a Workplace Violence and Harassment Coordinator;
2. Assess the risk of workplace violence that may result from the nature of (Company Name) worksites and the nature and conditions of work performed there;
3. Advise the Health and Safety Committee/workers of the results of the risk assessment and provide a copy of any written report;
4. Establish and maintain procedures to control the risks identified in the risk assessment;
5. Reassess the risk of workplace violence as often as is necessary;
6. Take every reasonable precaution to protect workers from domestic violence that may occur in the workplace and expose workers to physical injury;
7. Establish measures for summoning immediate assistance when workplace violence is threatened, occurs, or is likely to occur;
8. Inform workers on when and how to seek medical assistance should a violent incident occur in the workplace;
9. Establish a reporting procedure for incidents or threats of workplace violence;
10. Establish an investigation procedure for dealing with incidents or allegations of workplace violence or threats of violence;
11. Provide all workers with training and information regarding this policy and associated procedures;
12. Monitor the company's compliance with this policy and established procedures;
13. Review this policy annually to ensure that it is current and effective;

Accountability for ensuring compliance with the provisions of this policy rests with the (Director of Human Resources) or designate.

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